The record has taken up for hearing the petitions dated 26.2.2018 & 18.5.2018 filed by the Jdr.  Heard the petitions in presence of Advocate of Jdr., perused the case record and documents filed.  It appears from the case record that C.C. Case being No.54/2011 has disposed on 28.6.2013 with direction upon the O.P. to refund Rs.5,28,000/- to  the petitioner within one month from the date of this order.  The O.P. is also directed to pay Rs.5,00,000/-  to the petitioner as damages and compensation for his mental agony and sufferings.  The O.P. is hereby further directed to pay Rs.5000/- as litigation cost + Rs.5,28,000/- refund of advance money + Rs.5,00,000/- as damages and compensation totaling Rs.10,33,000/-  to the petitioner within one month from the date of this order, i.d. 9% interest will carry till full realization. Due to non-compliance of impugned order dated 28.6.2013 the Dhr filed an execution application being No.39/2013 before this Forum praying for passing necessary order for realization of decretal amount in full with interest amounting to Rs.10,33,000/- as on 14.08.2013.  

                It appears from the case record that the Jdr. failed to comply the order of this Forum.  So, this Forum issued warrant of arrest against the Jdr. namely Sushil Nath.  He was suffering from various ailments and the prescriptions of doctors produced before this Forum and also tried to escape from the proceeding of this Forum.  Later on 1.8.2016 the said Jdr. surrendered before this Forum and he was taken custody and subsequently he was granted bail on 23.8.2016 subject to payment of major part of the decreetal amount of Rs.10,00,000/-.  That on 8.9.2016 the jdr. paid a sum of Rs.8,00,000/- to Dhr.  That on 15.12.2016 the Jdr. paid a sum of Rs.1,00,000/- through cheque  and on 30.1.2017 he also paid 1,00,000/-.  On 20.2.2017 the Jdr. paid Rs.2,00,000/- and 26.12.2017 he paid a sum of Rs.50,000/- to Dhr.  So, the Jdr. paid a sum of Rs.12,50,000/- to this complainant/Dhr.  The Jdr. files two petitions in which he assailed that he has suffering from various ailments and in bed ridden condition. He is incapable to pay further money to this Jdr. as he already paid a sum of Rs.12,50,000/- for consideration of money of Rs.5,28,000/- along with interest.  It appears from the calculation sheet of the Dhr.  that he imposed interest upon the interest as a result the liability of Jdr. was soaring day by day. 

                In the instant case the Dhr. paid a sum of Rs.5,28,000/- as consideration money and CDRF, Hooghly  in its order dated 28.6.2013 awarded a sum of Rs.10,33,000/- including compensation amounting to Rs.5,00,000/-.  During the pendency of Execution Appeal the Jdr. paid a sum of Rs.12,50,000/- in total and now he prayed to discharge him from the proceeding and he is now bed ridden and incapable to pay further interest amount.

                From the above discussion this Forum is in the opinion to allow the petitions dated 26.2.2018 & 18.5.2018 filed by the Jdr. to discharge the Jdr. namely Sushil Nath, S/o. Netai Chandra Nath from this proceeding.

                Thus the Execution Appeal being No.39/2013 be and the same is dropped and Jdr. namely Sushil Nath is discharged from this proceedings.